It's been a quiet day on the recall front - lots going on behind the scenes but the only issue to rise to the surface today was KING 5 reporting that the mayor has asked the Washington State Governor to intervene with the "mutiny" he is facing. The governor has declined to help. Today's news story does a good job of summarizing where we are right now (link here).
On a side note, committee coordinator Tracey Apata noted on Facebook that the recall campaign is gaining steam, but Mayor Sun's supporters are becoming more vocal as well. She reminds everyone that we are a friendly city and to use kindness even in the face of adversity if needed. And remember the goal of the recall is to get the issue to the voters to decide if Sun should continue as mayor. That's the main focus for our debates. Thank you all for your help!
Tuesday, July 31, 2012
Monday, July 30, 2012
On The Radio Today
Our committee coordinator, Tracey Apata, will be interviewed by Ken Schram on KOMO News Radio (link here) sometime after the 1pm break today. Be sure to tune in for the live interview or check in later to listen for the replay. The word is getting out! Thank you one and all for your help and support!
Sunday, July 29, 2012
What Happens If Pacific Loses Insurance
This explanation is making its way around Facebook from Pacific Councilmember Josh Putman about the very serious jeopardy the city faces unless there is a major change of direction very, very soon:
Many people have recently been discussing alternatives for the future of Pacific. If we continue on our current course and the City loses insurance December 31, what do you want to see next?
If if we lose our insurance, chances are good there won’t be a functioning City Council come January – without insurance, elected officials can be personally liable for claims against the City; I’m pretty sure I won’t be the only one to resign rather than put my family at that risk. Until we could find a new Council of people willing to put their homes and retirements on the line, no City checks could issue, no contracts could be approved, no City codes or policies could be changed. The next steps really would be up to Pacific residents, not Council or the Mayor.
Failed City: If we do nothing, the City doesn’t simply disappear. A “failed city” needs to go two full years before the State Auditor can pursue involuntary disincorporation. (RCW 35.07.230) King County could try to appoint the seeds of a new Council if the entire Council resigned, but again, they'd have to find qualified Pacific residents willing to accept personal liability for an uninsured city facing a series of expensive claims.
Disincorporation: This would be the easiest approach for residents to take, but it’s still not quick or easy. Getting it started requires signatures of a majority of registered voters, or a resolution of the City Council authorizing an election on the issue. If the City disincorporates, voters would elect a receiver to pay off the City’s obligations by auctioning off the City’s real estate and other assets.
Annexation: Many people have suggested annexation to Auburn would provide Pacific with stable local government and better local services. Auburns higher property taxes do allow more funding for infrastructure , and a larger voting population makes it harder to have the wild factional swings we’ve seen here in Pacific. But annexation is a longer process, and I don’t know anyone who is prepared to shepherd an annexation through the Boundary Review Board, or run a campaign to get voter approval. It seems extremely unlikely that anyone could start an annexation drive today and have it approved by December 31, so supporters of annexation should consider what short-term alternative they prefer, a failed city or disincorporation.
Many people have recently been discussing alternatives for the future of Pacific. If we continue on our current course and the City loses insurance December 31, what do you want to see next?
If if we lose our insurance, chances are good there won’t be a functioning City Council come January – without insurance, elected officials can be personally liable for claims against the City; I’m pretty sure I won’t be the only one to resign rather than put my family at that risk. Until we could find a new Council of people willing to put their homes and retirements on the line, no City checks could issue, no contracts could be approved, no City codes or policies could be changed. The next steps really would be up to Pacific residents, not Council or the Mayor.
Failed City: If we do nothing, the City doesn’t simply disappear. A “failed city” needs to go two full years before the State Auditor can pursue involuntary disincorporation. (RCW 35.07.230) King County could try to appoint the seeds of a new Council if the entire Council resigned, but again, they'd have to find qualified Pacific residents willing to accept personal liability for an uninsured city facing a series of expensive claims.
Disincorporation: This would be the easiest approach for residents to take, but it’s still not quick or easy. Getting it started requires signatures of a majority of registered voters, or a resolution of the City Council authorizing an election on the issue. If the City disincorporates, voters would elect a receiver to pay off the City’s obligations by auctioning off the City’s real estate and other assets.
Annexation: Many people have suggested annexation to Auburn would provide Pacific with stable local government and better local services. Auburns higher property taxes do allow more funding for infrastructure , and a larger voting population makes it harder to have the wild factional swings we’ve seen here in Pacific. But annexation is a longer process, and I don’t know anyone who is prepared to shepherd an annexation through the Boundary Review Board, or run a campaign to get voter approval. It seems extremely unlikely that anyone could start an annexation drive today and have it approved by December 31, so supporters of annexation should consider what short-term alternative they prefer, a failed city or disincorporation.
Interesting News Bits
There are almost too many news stories about the insanity at Pacific City Hall and Mayor Cy Sun to read them all. In reviewing the many stories, sometimes the quotes within the story
or on-line comments contain tidbits that are telling in themselves. For
example, in this article in the Auburn Reporter from June 28th, Mayor
Sun is quoted as saying; "I admit that I'm moving too fast, as to my
knowledge of the Washington code and the City code. When I get to know
them, I'll backtrack and approach it the right way. I wouldn't say
lawful, but the right way."
And the lone comment on Friday's Seattle Weekly's article does not seem related to the content of the article. Although the article describes the "crazy saga" of Mayor Sun, the comment calls for the resignation of the entire Pacific council and blames them for their "attention seeking tactics".... Crazy on so many levels...
And the lone comment on Friday's Seattle Weekly's article does not seem related to the content of the article. Although the article describes the "crazy saga" of Mayor Sun, the comment calls for the resignation of the entire Pacific council and blames them for their "attention seeking tactics".... Crazy on so many levels...
Saturday, July 28, 2012
Our Goal: Let The People Vote
This note from committee coordinator Tracey Apata:
We need to remind people that a recall simply puts the choice in the hands of the voters. Why would ANYONE want to deny the citizens that choice? Thank you to all those who were able to picket yesterday. We had a great turn out, especially given that it was a workday and we had such short notice. We are effectively getting the word out to more and more people. Our goal of placing a recall on the ballot by the November election is within reach. We need to push forward with fundraising and getting information out to the citizens. The city of Pacific belongs to the citizens that live, work and volunteer here, in spite of Mr Sun believes. Thank you for all that have been dedicated their time, expertise, and money. It takes all of us!
We need to remind people that a recall simply puts the choice in the hands of the voters. Why would ANYONE want to deny the citizens that choice? Thank you to all those who were able to picket yesterday. We had a great turn out, especially given that it was a workday and we had such short notice. We are effectively getting the word out to more and more people. Our goal of placing a recall on the ballot by the November election is within reach. We need to push forward with fundraising and getting information out to the citizens. The city of Pacific belongs to the citizens that live, work and volunteer here, in spite of Mr Sun believes. Thank you for all that have been dedicated their time, expertise, and money. It takes all of us!
Absolutely Supreme Power?
In this sampling of recent news stories, Mayor Sun states that according to state law, he has absolutely supreme power to fire police officers at will. Is this an indication of his mindset? Is is an appropriate mindset for the mayor of our city?
KOMO
KING 5
KIRO
Q13Fox
The News Tribune
KOMO
KING 5
KIRO
Q13Fox
The News Tribune
Friday, July 27, 2012
Recall Officially Underway
Time and money, two of life's basic limitations. Both have significant impact on our efforts to recall Pacific Mayor Cy Sun. On the one hand is the hard and fast deadline issued by the city's insurance carrier of December 31st when they promise to drop Pacific's coverage. But they need to see significant change long before that deadline if they are going to change their minds. Another time crunch is the lead time needed in order to place an issue on the ballot. Details must be filed with the elections office well before the day we vote. We are fast approaching the deadline to get this recall on the November ballot. The next possible date for a vote would likely be a special election in February; and likely at a higher cost to the city.
On the other hand, money has prevented the Committee to Recall Cy Sun from formally beginning the recall process. The committee has been in fundraising mode until today. But as of this date, the first goal of $5,000 has been met and the attorneys are hired. The complex recall process has finally begun.
One of the reasons the fund raising has been so slow is because current Public Disclosure Commission (PDC) rules require that recall initiatives operate as a political campaign rather than an initiative. Fundraising rules are much more strict for political campaigns. Many believe the reason the recent recall effort against Pierce County's Assessor Dale Washam failed was due to this limitation. As with the Cy Sun recall, the Washam recall faced deadlines that were almost impossible to meet without decent money to help get the word out and quickly cover all the costs of the campaign.
There were many lessons learned from the failure of the Washam recall that Pacific will benefit from. The committee has hired the same law firm that ran the Washam recall. The Oldfield and Helsdon Firm have been to court on this issue and know the process inside and out. They have argued the merits of a recall and know the PDC rules. They have agreed to take this case on a step by step basis as we raise the funds for each step. Committee coordinator Tracey Apata outlined the agreement:
The first $5000 will be due as a retainer. The second $5000 would be paid and deemed earned when they file the motion and other pleadings in support of the petition filed by the prosecutor for the purpose of obtaining the order of the Superior Court approving the ballot. The final $5000 is to be paid and deemed earned when they attend the Superior Court hearing. Jeff and Tom are really working with us to make this easier. They have the experience and have successfully achieved getting the petition to the ballot. We are in good hands.
Even with the urgency of looming deadlines, the Cy Sun recall has been severely hampered by the PDC application of campaign rather than initiative rules. For example, a citizen tried to donate $5,000 to our effort this week and we had to turn them down. Under political campaign rules, donations are limited to $900 per person or business and must be donated with the name of the donor and their employer. Those limitations do not apply initiative campaigns.
This rule is ripe for a challenge and our new attorneys are ready. They have contacted the Institute for Justice, who have agreed to defend our campaign if needed. We now have the legal resources to apply the more logical initiative campaign rules to our fundraising and fight the PDC if needed. So $5,000 donations are allowable and very welcome!
Now the complex recall legal process begins. Documentation of Cy Sun's wrongdoing must be filed with the prosecutor's office after review by the auditor. The recall effort must document that Mayor Sun has engaged in the "commission of some act or acts of malfeasance or misfeasance while in office, or ... has violated his oath of office." The prosecutor determines the ballot wording and then the issue is reviewed by a judge. Mr. Sun can defend himself before the judge if he chooses.
If the judge rules the recall can proceed, Sun will have 15 days to appeal that decision. If no appeal is filed, the recall campaign must collect signatures of support from at least 35% of the voters from the last general election.1175 votes were cast in Pacific in the November 2011 election that put Sun in office. 411 voters (35% of 1175) must sign the recall initiative in order to have the issue placed on the ballot at the next election to be voted on by all the citizens of Pacific.
Each step is complex and subject to many rules and detailed legal requirements. We can't afford any delays or take time to redo a step. We have experienced legal representation to guide us and we have hit the ground running. We need to raise another $10,000 very quickly, so get out your checkbook and tell your neighbors to do the same. This recall is the only way to stop the insanity that has infected city hall. It's up to us. Donate today!
On the other hand, money has prevented the Committee to Recall Cy Sun from formally beginning the recall process. The committee has been in fundraising mode until today. But as of this date, the first goal of $5,000 has been met and the attorneys are hired. The complex recall process has finally begun.
One of the reasons the fund raising has been so slow is because current Public Disclosure Commission (PDC) rules require that recall initiatives operate as a political campaign rather than an initiative. Fundraising rules are much more strict for political campaigns. Many believe the reason the recent recall effort against Pierce County's Assessor Dale Washam failed was due to this limitation. As with the Cy Sun recall, the Washam recall faced deadlines that were almost impossible to meet without decent money to help get the word out and quickly cover all the costs of the campaign.
There were many lessons learned from the failure of the Washam recall that Pacific will benefit from. The committee has hired the same law firm that ran the Washam recall. The Oldfield and Helsdon Firm have been to court on this issue and know the process inside and out. They have argued the merits of a recall and know the PDC rules. They have agreed to take this case on a step by step basis as we raise the funds for each step. Committee coordinator Tracey Apata outlined the agreement:
The first $5000 will be due as a retainer. The second $5000 would be paid and deemed earned when they file the motion and other pleadings in support of the petition filed by the prosecutor for the purpose of obtaining the order of the Superior Court approving the ballot. The final $5000 is to be paid and deemed earned when they attend the Superior Court hearing. Jeff and Tom are really working with us to make this easier. They have the experience and have successfully achieved getting the petition to the ballot. We are in good hands.
Even with the urgency of looming deadlines, the Cy Sun recall has been severely hampered by the PDC application of campaign rather than initiative rules. For example, a citizen tried to donate $5,000 to our effort this week and we had to turn them down. Under political campaign rules, donations are limited to $900 per person or business and must be donated with the name of the donor and their employer. Those limitations do not apply initiative campaigns.
This rule is ripe for a challenge and our new attorneys are ready. They have contacted the Institute for Justice, who have agreed to defend our campaign if needed. We now have the legal resources to apply the more logical initiative campaign rules to our fundraising and fight the PDC if needed. So $5,000 donations are allowable and very welcome!
Now the complex recall legal process begins. Documentation of Cy Sun's wrongdoing must be filed with the prosecutor's office after review by the auditor. The recall effort must document that Mayor Sun has engaged in the "commission of some act or acts of malfeasance or misfeasance while in office, or ... has violated his oath of office." The prosecutor determines the ballot wording and then the issue is reviewed by a judge. Mr. Sun can defend himself before the judge if he chooses.
If the judge rules the recall can proceed, Sun will have 15 days to appeal that decision. If no appeal is filed, the recall campaign must collect signatures of support from at least 35% of the voters from the last general election.1175 votes were cast in Pacific in the November 2011 election that put Sun in office. 411 voters (35% of 1175) must sign the recall initiative in order to have the issue placed on the ballot at the next election to be voted on by all the citizens of Pacific.
Each step is complex and subject to many rules and detailed legal requirements. We can't afford any delays or take time to redo a step. We have experienced legal representation to guide us and we have hit the ground running. We need to raise another $10,000 very quickly, so get out your checkbook and tell your neighbors to do the same. This recall is the only way to stop the insanity that has infected city hall. It's up to us. Donate today!
Police Department Saga
Even for those close to the action, the chaos of Mayor Sun's dealings with the Pacific Police Department are mind-boggling. When Sgt. Bos said today that the recent attempted firings of almost half of the department have been draining, it was only the tip of the iceberg. Here is just a brief overview of the saga that has unfolded at the police department since Cy Sun took office:
- Sun placed the Director of Public Safety, John Calkins, on administrative leave in January for losing his temper with the city clerk. Calkins was upset that the mayor had canceled the order for one of the new police vehicles without notifying him. The purchase had been approved and placed before Sun took office.
- Sun formally fired Calkins in May. A Loudermill hearing was held shortly after the notice of termination, but it appears no progressive discipline was offered since Sun immediately enforced the termination. Calkins has appealed his firing to the Pacific civil service commission. The first pre-conference meeting in the appeal was held last Tuesday (meeting notes here). Mayor Sun was ordered to produce the necessary documentation (that had been required for Tuesday's meeting) by next Wednesday. Calkins' hearing before the civil service is scheduled for August 21st, 24th and 25th.
- When Calkins was place on leave, as the next senior officer, Lt. Massey was designated as the acting chief.
- At the April 23rd council meeting, the city council took a vote of "no confidence" in Mayor Sun for a variety of reasons (see letter here for more details). The majority of the police department's union members also presented a letter of "no confidence at that meeting. The only union member who did not sign was Sgt. Pickett, citing a variety of reasons based on his 20+ years experience observing local politics in Pacific (memo citing his reasons here).
- Shortly before the April 23rd council meeting, after hearing that Lt. Massey had signed the letter of "no confidence", Mayor Sun relieved Massey as acting chief. He appointed the next senior officer, Sgt. Pickett, as acting chief.
- On June 18th, Sgt. Pickett resigned as acting chief after expressing concern that he was "being drawn into a pit of unethical behavior". The mayor rejected Pickett's resignation, but the city attorney stated Sun had no authority to force Pickett to continue as acting chief.
- On July 19th, Mayor Sun was arrested after trying to force his way into an active crime scene (more details here). He verbally fired the police officers as they arrested him and followed up with a formal termination notice to four of the department's nine officers (sample termination letter here).
- The required Loudermill hearings for the four officers were held today amidst protesters calling for Sun's recall. Mayor Sun did not allow union representatives to speak at the hearings nor did he follow his own schedule for the hearings. Details on how the hearings unfolded are here...
- After consulting with the city attorney and the union's legal staff, the four officers will continue to work. Several worried residents, concerned about the safety of Pacific's streets, have called the police department. The department issued this press release this afternoon.
Police Force Remains Intact
CITY OF PACIFIC
POLICE DEPARTMENT 133 Third Avenue S.E.
POLICE DEPARTMENT 133 Third Avenue S.E.
Pacific, WA 98047
Phone: 253-929-1130
FAX: 253-929-1194
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________
PIO: Stephanie Shook
July 27, 2012
Media Release
Officers Loudermill Hearings Concluded, Pacific, WA
Pacific, WA- - Four
Pacific Police Officers were present at city hall in Pacific for their
respective pre-termination hearings today. The officers and a union
representative met with Mayor Sun as directed, even though the process
and procedures followed by the mayor were considered contrary to the
requirements as set forth in the rule 17.1(A), 17.2(A) and
18.1 of Pacific's civil service commission rules.The City Attorney as
well as the union have advised the officers to continue working in their
respective roles within the police department until such time as the
rules and process are properly complied with.
The department has
received several calls from concerned citizens about the discharge of
the officers and the safety of the city.The City Attorney and Teamsters
Local 117 would like to reassure the citizens of Pacific, that the
officers involved in today’s hearings will continue to provide police
services.
Should you have any questions you may direct them to the Pacific Police Department at 253-929-1130.
Hearings Fiasco
  |
| One of the hearings in progress |
 |
| Committee to Recall Cy Sun Coordinator Tracey Apata |
 |
| Protesters outside city hall, including a musician with a new "Recall Cy" song |
UPDATE: 10:56am
All four Loudermill hearings scheduled for today have concluded. It appears each of the four officers came in as soon as possible to quickly complete the hearings, despite one officer just coming off the overnight shift. All four hearings reportedly followed the same format; the mayor gaveled the hearing to an end when the union representative tried to begin the termination defense on behalf of the officers. All the police officers have returned to work for now.
Although the media was not allowed in the hearing, several microphones were outside the open windows of the meeting room. Expect to see (and hear) more on upcoming newscasts.
_________________________
UPDATE: 10:33am
The second Loudermill hearing is getting underway. The union representative will attend with the officer as allowed by law. The representative described how the previous hearing went; "When I spoke, he (the mayor) ended the meeting...gavel and all."
_________________________
UPDATE: 9:54am
The first Laudermill hearing was abruptly shut down by Mayor Sun because the union attended the meeting with the employee they represent. Sun contends the union has no right accompany the employee, so he stopped the hearing. The officer has returned to work for now. The union expects to repeat this process three more times for the other Loudermill hearings scheduled for this morning.
About 40 protesters walked the sidewalk in front of city hall this morning in a show of support for the police officers facing termination by Mayor Cy Sun.
____________________
UPDATE: 9:50am
The first Laudermill hearing just got underway. More updates as they become available. Sun is at the hearing without legal help, the first officer has union represenation with him.
__________________
It's 9:20am and Mayor Sun is inside his office at city hall with plenty of protesters and media outside. He didn't attend the Loudermill hearing he arranged for the first of four police officers he wants to terminate that he set for 9am today. The officers have returned to the police station for now. Members of the media opened the mayor's office door trying to get a comment, but he told them to go away. No word yet on what this means for our police department and the public safety of Pacific residents.
Memories & Lies?
Remember when Cy Sun won the election last fall? It was a long-shot write in victory after a nasty campaign with plenty of accusations from all sides. There was apprehension but hope that this political newcomer would bring positive change to city hall. Remember this article in the Auburn Reporter from November 30, 2011? (full article here):
"I will bring a casual, congenial approach," he (Sun) said. "I want the people to know that I am their servant. I want the people to know that I'm there for them. Whatever they want, I want to come to a consensus and help the people."
Sun vows to clean up what he claims to be corruption at City Hall while reinstating and promoting Abraham Lincoln's doctrine: "Government of the people, by the people, for the people."
In victory, Sun has little to say about his opponent or the ugly fall campaign in which the candidates traded accusations......
(Former mayor) Hildreth says voters have made a mistake in putting a poorly-prepared man in office.
"Although I am disappointed in losing to negative campaigning and the deception of our citizens, I know that as the truth comes out, the public will see the mistake that was made," Hildreth said in a statement. "I pray that mistake does not prove to be fatal to our city."
Has Mayor Sun kept his promise? Has he worked towards consensus? Brought a casual, congenial approach? The record proves the opposite - his approach has been anything but congenial. It's time to do what Cy Sun said he would do - bring Pacific back to the people. The only way to do that is with a swift recall. Join our efforts now! Send a message via Facebook (here) to help.
"I will bring a casual, congenial approach," he (Sun) said. "I want the people to know that I am their servant. I want the people to know that I'm there for them. Whatever they want, I want to come to a consensus and help the people."
Sun vows to clean up what he claims to be corruption at City Hall while reinstating and promoting Abraham Lincoln's doctrine: "Government of the people, by the people, for the people."
In victory, Sun has little to say about his opponent or the ugly fall campaign in which the candidates traded accusations......
(Former mayor) Hildreth says voters have made a mistake in putting a poorly-prepared man in office.
"Although I am disappointed in losing to negative campaigning and the deception of our citizens, I know that as the truth comes out, the public will see the mistake that was made," Hildreth said in a statement. "I pray that mistake does not prove to be fatal to our city."
Has Mayor Sun kept his promise? Has he worked towards consensus? Brought a casual, congenial approach? The record proves the opposite - his approach has been anything but congenial. It's time to do what Cy Sun said he would do - bring Pacific back to the people. The only way to do that is with a swift recall. Join our efforts now! Send a message via Facebook (here) to help.
News Sampling
Here are links to the latest round of news stories. The KING 5 story does a great job of showing the human toll of mayor's destructive actions.
KING 5
KOMO
KIRO
Q13
Auburn Reporter
The News Tribune
KING 5
KOMO
KIRO
Q13
Auburn Reporter
The News Tribune
Thursday, July 26, 2012
Show of Support Tomorrow
We will be meeting in front of the senior center Friday morning (tomorrow) at 8:30 am to show support for our officers that Mr. Sun is firing. We will use that time to group for flyer distribution. Please invite all your neighbors. If you cannot be there, pass the word along.
It's Time To Act NOW Before It's Too Late
We are dangerously close to losing our city forever. The mayor's actions have moved far beyond quirky entertainment. Real people are facing real heartache because of his reckless disregard for the law. The city is paying the price for his actions. It's time to stop chuckling at the "crusty old man" as some have called him and take action immediately.
This flyer will be distributed around Pacific starting tomorrow. To help, please contact committee chair Tracey Apata or send a message via Facebook (here).
This flyer will be distributed around Pacific starting tomorrow. To help, please contact committee chair Tracey Apata or send a message via Facebook (here).
Clerk's Termination Hearing Turns Chaotic
 | |
| Attorney Joan Mell, representing Pacific City Clerk Jane Montgomery, announcing the claim for damages filed with the city today. |
The three unknown men who emerged from the meeting room with Mayor Sun just prior to his abrupt departure were meeting with the mayor on an unrelated road project. The mayor did not speak to anyone as he left city hall just as Montgomery's termination hearing was scheduled to begin. His letter (here) to the city clerk states this hearing was her only chance to protest his decision to fire her - otherwise the termination would be final. It is unclear if that applies if the mayor is the party who does not appear for the hearing. Montgomery's attorney filed a claim on her behalf for damages this morning after the attempted hearing.
_________________________________________
City Clerk Jane Montgomery was scheduled for her Loudermill hearing at 10am this morning. Even with only one day's notice, she showed up on time with her attorney to protest her termination by Mayor Cy Sun. Montgomery, along with her attorney, media cameras and others were forced to wait outside the meeting room. Shortly after 10am, Mayor Sun emerged with three unknown men. Mayor Sun immediately left the building and drove off in his car.
Montgomery's attorney has just notified the city that she is filing a claim for damages.
More details will follow as they become available.
City Clerk Fired
Pacific City Clerk Jane Montgomery received a termination letter yesterday (July 25th) notifying her that Mayor Cy Sun had fired her. The letter included notice of a Loudermill hearing where she could protest his action to be held at 10am today (July 26th). We will provide details about that hearing when/if we can.
Wednesday, July 25, 2012
Decimating The Pacific Police Force
One of the officers who arrested Mayor Sun last week as the mayor tried to force his way into the city clerk's office received a pre-termination Loudermill hearing notice today. The officer is ordered to appear for the hearing day after tomorrow at city hall. More details on the purpose of a Loudermill hearing are available under Fact 5 of the previous post here.
Reliable sources confirm that the same notice has been sent to four more Pacific police officers, reducing the department from nine to four officers. The department has already been down two officers since the beginning of the year. 24-hour police coverage would not be possible under those conditions.
It is important to note that Laudermill hearings are equivalent to a pre-sentence hearing before a judge. All the facts are to be heard and considered before making a decision. By labeling this a "pre-termination" hearing, it is clear Mayor Sun has already made up his mind to fire these officers before giving them a fair hearing.
Mayor Sun announced in his radio appearance today (details here) that he has now cleaned up the corruption at city hall by firing or encouraging the resignation of all city department heads. He said his arrest last week proves that the police department is also corrupt and needs cleaning up. If that truly is his goal, there are better (and legal) ways to accomplish that goal. Breaking the law is not a way to clean up corruption.
Decimating the police force this way not only creates a huge liability for the city for the wrongful termination of these officers, but clearly puts the safety of Pacific residents at risk. How much is enough?
Reliable sources confirm that the same notice has been sent to four more Pacific police officers, reducing the department from nine to four officers. The department has already been down two officers since the beginning of the year. 24-hour police coverage would not be possible under those conditions.
It is important to note that Laudermill hearings are equivalent to a pre-sentence hearing before a judge. All the facts are to be heard and considered before making a decision. By labeling this a "pre-termination" hearing, it is clear Mayor Sun has already made up his mind to fire these officers before giving them a fair hearing.
Mayor Sun announced in his radio appearance today (details here) that he has now cleaned up the corruption at city hall by firing or encouraging the resignation of all city department heads. He said his arrest last week proves that the police department is also corrupt and needs cleaning up. If that truly is his goal, there are better (and legal) ways to accomplish that goal. Breaking the law is not a way to clean up corruption.
Decimating the police force this way not only creates a huge liability for the city for the wrongful termination of these officers, but clearly puts the safety of Pacific residents at risk. How much is enough?
Context For Mayor Sun's Arrest
Mayor Sun got quite a bit of press last week when he was arrested by his own
officers. There is more to the story than the media is reporting. It's
important that Pacific voters know all the facts.
Fact 1: The mayor had announced at a staff meeting the day prior to his arrest that he is destroying city records. Paula Wiech, associate city planner, openly questioned his authority to destroy public records at will. There are very strict laws that govern public agencies regarding public records and their retention. Sun immediately placed Wiech on administrative leave. The union stepped in and helped Wiech remain on the job.
Fact 2: After learning that the mayor is destroying public records (a clear violation of the law), the police department launched a criminal investigation the day before Sun tried to force his way into the clerk's office. King County Sheriff was contacted to lead the investigation so there would not be any conflict of interest.
Fact 3: Mayor Sun had made no attempt for several weeks prior to his arrest to enter the office. The clerk serves as personnel manager and access to the city personnel files are strictly controlled by law. The clerk's office was declared a potential crime scene (because of the investigation of destruction of public records) and stabilized well before the mayor let anyone know he wanted to enter.
Fact 4: Mayor Sun made his first attempt to enter the clerk's office the same day he learned he was under criminal investigation. He brought in locksmith Frank Lonergan (former candidate for public office in Auburn) to open the door and showed up with the news camera with him. The doorway was clearly marked with crime tape and the mayor was asked repeatedly to not force his way into the office.
Fact 5: The chief executive officer does not have the authority to fire an employee for doing their job. Mayor Sun tried to fire the police officers who were performing their lawful duty while arresting him. He does not have the authority to avoid arrest by firing the police officers who repeatedly asked him not to force his way into an active crime scene. Police officers are not "at-will" employees. Their hiring and firing is governed by federal and state law, Pacific Municipal Code, union contracts and civil service rules.
Under the law, there must be "just cause" before any public employee can be punished for misconduct. If misconduct is alleged, a full investigation must be conducted. If misconduct is established, the employee is entitled to a "Loudermill" hearing prior to the imposition of discipline. This is the employee's chance to present their defense or mitigating circumstances prior to being disciplined. If discipline is to be imposed, employers must adhere to the concept of "progressive discipline." Termination is not the only answer and it is rarely considered. Police officers are no different. They are entitled to a finding of just cause and due process. This is especially important for the police, whose job it is to enforce the law. Employment rules are in place, in part, to prevent abuse of power by over-zealous public officials or others in position of authority.
Bottom line, there were other ways for Mayor Sun to accomplish his goal of access to the clerk's office. It appears he brought the media with him and he clearly chose to force his way into the office with no notice or attempt to work out reasonable solution to his request. Mayor Sun's arrest was completely avoidable and within his control.
Fact 1: The mayor had announced at a staff meeting the day prior to his arrest that he is destroying city records. Paula Wiech, associate city planner, openly questioned his authority to destroy public records at will. There are very strict laws that govern public agencies regarding public records and their retention. Sun immediately placed Wiech on administrative leave. The union stepped in and helped Wiech remain on the job.
Fact 2: After learning that the mayor is destroying public records (a clear violation of the law), the police department launched a criminal investigation the day before Sun tried to force his way into the clerk's office. King County Sheriff was contacted to lead the investigation so there would not be any conflict of interest.
Fact 3: Mayor Sun had made no attempt for several weeks prior to his arrest to enter the office. The clerk serves as personnel manager and access to the city personnel files are strictly controlled by law. The clerk's office was declared a potential crime scene (because of the investigation of destruction of public records) and stabilized well before the mayor let anyone know he wanted to enter.
Fact 4: Mayor Sun made his first attempt to enter the clerk's office the same day he learned he was under criminal investigation. He brought in locksmith Frank Lonergan (former candidate for public office in Auburn) to open the door and showed up with the news camera with him. The doorway was clearly marked with crime tape and the mayor was asked repeatedly to not force his way into the office.
Fact 5: The chief executive officer does not have the authority to fire an employee for doing their job. Mayor Sun tried to fire the police officers who were performing their lawful duty while arresting him. He does not have the authority to avoid arrest by firing the police officers who repeatedly asked him not to force his way into an active crime scene. Police officers are not "at-will" employees. Their hiring and firing is governed by federal and state law, Pacific Municipal Code, union contracts and civil service rules.
Under the law, there must be "just cause" before any public employee can be punished for misconduct. If misconduct is alleged, a full investigation must be conducted. If misconduct is established, the employee is entitled to a "Loudermill" hearing prior to the imposition of discipline. This is the employee's chance to present their defense or mitigating circumstances prior to being disciplined. If discipline is to be imposed, employers must adhere to the concept of "progressive discipline." Termination is not the only answer and it is rarely considered. Police officers are no different. They are entitled to a finding of just cause and due process. This is especially important for the police, whose job it is to enforce the law. Employment rules are in place, in part, to prevent abuse of power by over-zealous public officials or others in position of authority.
Bottom line, there were other ways for Mayor Sun to accomplish his goal of access to the clerk's office. It appears he brought the media with him and he clearly chose to force his way into the office with no notice or attempt to work out reasonable solution to his request. Mayor Sun's arrest was completely avoidable and within his control.
Mayoral Election Results
Below are the 2011 election results for the mayoral race where Cy Sun was elected. Full results are available here (King County - Pierce County) Note that Sun won the election by 59 votes out of 1175 votes cast. It's time to see if any of those 59 voters want to change their mind yet. Donate to the recall effort today!
King County
John C. Jones, 302 votes, 26.10%
Richard Hildreth, 385 votes, 33.28%
Declared Write-in Candidate Cy Sun, 464 votes, 40.0%
Other Write-in, 6 votes, .5%
Pierce County
John C. Jones, 4 votes, 20%
Richard Hildreth, 16 votes, 80%
Combined Results
John C. Jones, 306 votes, 26%
Richard Hildreth, 405 votes, 35%
Cy Sun, 464 votes, 39%
Mayor Sun On The Air
Mayor Cy Sun was a guest on the Bob Rivers radio show on 97.5 FM this morning (link to the podcast here - go to part 3 for July 25th). Is he a crotchety old man? Yes, even likable in some ways. Is he sincere? Perhaps. Is he embarrassing? To many, yes. But none of those reasons amount to a recall. A recall must be based on facts, not emotion or the mayor's motives. If he truly wants to "clean up corruption at city hall" as he claims, he must do so legally and without malice.
The reason we MUST recall Mayor Sun now is his repeated disregard for the laws that govern his role as mayor. He refuses to follow the law and promises to continue to do so. The city, along with Mayor Sun, are liable for his actions. There is too much at stake, both financially and to our sense of community, to allow him to continue.
This blog will detail Mayor Sun's repeated abuse of power, strong-arm tactics and reckless disregard for the law in the coming days. Stay tuned for the other side of story.
The reason we MUST recall Mayor Sun now is his repeated disregard for the laws that govern his role as mayor. He refuses to follow the law and promises to continue to do so. The city, along with Mayor Sun, are liable for his actions. There is too much at stake, both financially and to our sense of community, to allow him to continue.
This blog will detail Mayor Sun's repeated abuse of power, strong-arm tactics and reckless disregard for the law in the coming days. Stay tuned for the other side of story.
Tuesday, July 24, 2012
Calkins' Pre-Hearing Conference
Tonight's civil service commission meeting was not the full hearing on the appeal of former Director of Public Safety John Calkins' firing. Tonight's meeting was a pre-hearing conference, originally scheduled for last month and reportedly delayed at the mayor's request because he did not have an attorney. The meeting included commissioners David Stookey, Monika Newbold, Elaine Kozanitis, Scott McIver and Don McDonough along with the commission secretary Gail Bennett and the hearing officer Gary McLean who ran the meeting. McLean is the attorney hired to advise the civil service commission.
Mayor Sun arrived before the meeting and sat alone preparing for the meeting. He was alone throughout the meeting without an attorney to represent the city. The purpose of the meeting was to set out the process for exchanging information between the parties. John Calkins was represented attorney Chris Vick.
The meeting began with Vick outlining their witness list and evidence they plan to present at the hearing. When it was Sun's turn, he searched through his stack of papers but was unable to produce anything. McLean explained the rules about what the city is required to provide prior to the hearing, including a list of witnesses and what they will testify to. Sun complained that he had fired the city attorney but the council would not cooperate with the new attorney he wanted to hire.
Vick then moved to exclude the city's evidence since the pre-hearing order had been violated. The mayor announced that his witness list included Tracy Vedder from KOMO news (who had done an in-depth investigative piece on Mr. Calkins' performance as public safety director - link to story here).
After the mayor finally produced a list of witnesses, McLean informed him that he must ensure all the witnesses appear to testify and list in advance the testimony they will provide. The commission asked the mayor to produce all the required information within the next 48 hours, noting that Calkins was prepared for tonight's meeting. After complaining that he could not reach his attorney, Sun requested a week to prepare, which the commission granted.
Another pre-hearing conference will be held (perhaps by phone) with only the hearing officer to confirm both sides have presented the proper documents. Vick stated that the city ignored two prior discovery demands (where the city was required to provide this evidence in advance of the hearing). The mayor was asked if he had any requests for material from Calkins' attorney, but he did not respond. Sun complained that he was hard of hearing and needed an attorney. The commission told him he was still required to produce the personnel file and previous investigation the city had completed on Calkins.
The pre-hearing conference is scheduled August 15th at 10am and the actual hearing is scheduled for August 21, 24 and 25.
Mayor Sun's Witness List (spellings as presented by Sun)
Tracy Vedder, KOMO News
Flygare-Scott Christine Louise, Bonney Lake
Scott Brian Christopher, Bonney Lake
Tom Jowers
Brian Aldridge
Maria Pierce
Jane Montgoment (affidavit)
Barbara Sun
Jerry Eck
Dana Hubbard, Bonney Lake Police Detective
Richardson, Jamie (DUI), Buckley
Kocher, Robrt M. (DUI arrest record)
Vienna Catalani, KOMO News
Delbert Knee, Orting
Tim Leary, attorney
Mike Mitchell,, Bonney Lake Chief of Police
Undersheriff Erik Anderson, Klickitat County Sheriff's Office
Sergant Pat Kaley (KCSO)
Wiester, Bill
Law enforcement represenative to Klickitat County insurer Canfield and Associates
Deputy Darin Rayner (PCSO)
Sgt. Ben Benson (PCSO)
Deputy Dennis Miller (PCSO)
Robert Kocher, Bonney Lake Officer
Officer Yancey, Sumner Police Dept
Tom Pickett, Canfield and Associates, Ephrata
Mayor Sun arrived before the meeting and sat alone preparing for the meeting. He was alone throughout the meeting without an attorney to represent the city. The purpose of the meeting was to set out the process for exchanging information between the parties. John Calkins was represented attorney Chris Vick.
The meeting began with Vick outlining their witness list and evidence they plan to present at the hearing. When it was Sun's turn, he searched through his stack of papers but was unable to produce anything. McLean explained the rules about what the city is required to provide prior to the hearing, including a list of witnesses and what they will testify to. Sun complained that he had fired the city attorney but the council would not cooperate with the new attorney he wanted to hire.
Vick then moved to exclude the city's evidence since the pre-hearing order had been violated. The mayor announced that his witness list included Tracy Vedder from KOMO news (who had done an in-depth investigative piece on Mr. Calkins' performance as public safety director - link to story here).
After the mayor finally produced a list of witnesses, McLean informed him that he must ensure all the witnesses appear to testify and list in advance the testimony they will provide. The commission asked the mayor to produce all the required information within the next 48 hours, noting that Calkins was prepared for tonight's meeting. After complaining that he could not reach his attorney, Sun requested a week to prepare, which the commission granted.
Another pre-hearing conference will be held (perhaps by phone) with only the hearing officer to confirm both sides have presented the proper documents. Vick stated that the city ignored two prior discovery demands (where the city was required to provide this evidence in advance of the hearing). The mayor was asked if he had any requests for material from Calkins' attorney, but he did not respond. Sun complained that he was hard of hearing and needed an attorney. The commission told him he was still required to produce the personnel file and previous investigation the city had completed on Calkins.
The pre-hearing conference is scheduled August 15th at 10am and the actual hearing is scheduled for August 21, 24 and 25.
Mayor Sun's Witness List (spellings as presented by Sun)
Tracy Vedder, KOMO News
Flygare-Scott Christine Louise, Bonney Lake
Scott Brian Christopher, Bonney Lake
Tom Jowers
Brian Aldridge
Maria Pierce
Jane Montgoment (affidavit)
Barbara Sun
Jerry Eck
Dana Hubbard, Bonney Lake Police Detective
Richardson, Jamie (DUI), Buckley
Kocher, Robrt M. (DUI arrest record)
Vienna Catalani, KOMO News
Delbert Knee, Orting
Tim Leary, attorney
Mike Mitchell,, Bonney Lake Chief of Police
Undersheriff Erik Anderson, Klickitat County Sheriff's Office
Sergant Pat Kaley (KCSO)
Wiester, Bill
Law enforcement represenative to Klickitat County insurer Canfield and Associates
Deputy Darin Rayner (PCSO)
Sgt. Ben Benson (PCSO)
Deputy Dennis Miller (PCSO)
Robert Kocher, Bonney Lake Officer
Officer Yancey, Sumner Police Dept
Tom Pickett, Canfield and Associates, Ephrata
 |
| Mayor Cy Sun preparing before tonight's civil service commission meeting. |
 |
| Calkins pre-hearing conference meeting underway. |
More Trouble Brewing
Former public safety director John Calkins has appealed his firing by
Mayor Cy Sun. There are specific rules and procedures that must be
followed when terminating a public employee. The hearing before the
civil service commission is scheduled for this evening. More details
will be posted as they become available.
Council Vote Of No Confidence
The council has tried to work with Mayor Sun since he took office 6
months ago. But his continued hostile, abusive and dishonest actions put
the city at risk for lawsuits; as does the mayor's refusal to follow
the laws on how to manage a public organization. After repeated attempts
to work cooperatively with the mayor, the council took a vote of no
confidence against Mayor Sun in April. Things have only gotten worse
since then...
Insurance Canceled (Again)
When Mayor Sun's good friend Howard Erickson was mayor the city's
insurance was canceled, sending the council scrambling for a new policy
at a higher cost. Sound familiar? Vital insurance coverage is once again
scheduled for cancellation. There are only a few insurance carriers
with policies to cover cities. Is there even a third carrier available
to choose from? More importantly, would they be willing to risk covering
the city under the current conditions? If so, at what cost?
Why The City Clerk Is Upset
June 8, 2012
To: City Council Members.
Re: Pacific Municipal Code 2.88- Equal Employment Opportunity
On June 4th, 2012 I informed Mayor Cy Sun That Howard Erickson confronted Becky Cromwell a member of Local Union 117, in the hallway of City Hall. He was accompanied by Leanna Mason who was the person that Mayor Sun had brought before the City Council on April 29, 2012 for confirmation to the position of Community Services Director. The City Council did not confirm her appointment. Mr. Erickson singled Becky out and used a common demeaning term used only with women to refer to me. He stated, “I’m going to get that Bitch fired, she was supposed to be out on medical leave and she was really in Connecticut selling her house.” Ms. Cromwell stated to me that he was angry, and hostile and she found his remarks to be shocking and inappropriate.
This is not the first time the Mr. Erickson has been in my workplace making inappropriate comments about me. The last time he was in an employee only area demanding to see my job description and questioning my authority to do my job as the Personnel Manager. This was reported to me by the former Finance Director, Maria Pierce. Mr. Erickson was angry because I had followed the City Policy and Procedure that in regard to the hiring of a Community Services Director and the candidate that he told the Mayor to hire, Fran Neumiller had not been selected for the interview process.
Maria Pierce came and told me and I went to speak to Mr. Erickson to find out what the problem was. We had a long discussion. I explained that I had followed the Policy of the City and that Ms. Neumiller was not qualified for the position and that therefore she had not been granted an interview. Mr. Erickson appeared to be satisfied.
In this case, I decided to bring a person with me to speak to Mr. Erickson. I asked Sheryl Finwall to accompany me because I knew that she was well liked by Mr. Erickson and I felt I needed a witness and a person who could potentially arbitrate for me. We found Mr. Erickson in Joanne Futch’s office. I asked him if we could talk about what was said to Becky Cromwell and he verbally exploded and moved toward me and with a red face and a loud voice stated, “You are a fucking bitch, a traitor”. He continued making statements that I was disloyal to the Mayor and that I was “working with John Calkins and Councilmember Jones”. I attempted to talk to him but it was impossible. He approached me a second time and got very close to my face. He looked at me with bulged eyes and took a threatening stance towards me stating “You are a bitch”. I told him that a true man would not act like this, (use male aggression, stance, stature, derogatory gender based language), but would sit down and talk with me to resolve this issue. He refused and walked off. All of this was done in the presence of Joanne Futch, Sheryl Finwall, and Dale a young man with a disability who was looking on. There were also about 8 young men playing basketball, but I do not know if they overheard his statements to me.
After Mr. Erickson left, I was in shock. Joanne and Sheryl both apologized to me and stated that they too were shocked and they both stated that his behavior was out of line and uncalled for. I was very upset by his behavior.
I left and went to my office and immediately called the City Attorney, Ken Luce and reported the conduct. The City Attorney advised me to report this to the Mayor. I also called Sgt. Jim Pickett (acting Police Chief to report the incident). Sgt. Picket accompanied me to speak to the Mayor.
Sgt. Pickett told the Mayor that he had enough cause to arrest Mr. Erickson. I then told the Mayor what had happened. The Mayor stated to Sgt. Pickett that I had come to him before about Mr. Erickson’s behavior and that he had not done anything about it. He stated that he had been wrong to not help me then. He asked me if I would give him the chance to go speak to Mr. Erickson to help me and I agreed that I would but that I wanted to continue to make my report to the Police Department. The Mayor said that he would report back. The Mayor left immediately.
I did not see the Mayor again until the Council meeting that night and he made no attempt to speak to me about his conversation with Mr. Erickson. Mr. Erickson came to the Council Workshop and the Mayor acted in a cordial friendly manner to him and Mr. Erickson did not apologize to me. The Mayor had ample opportunity to speak to me after the meeting and he did not do so.
The next morning on the 5th, The Mayor was in City hall but made no attempt to speak to me. At this point I decided that again, the Mayor had ignored my request for help. I went to the King County District Court and obtained a temporary anti-harassment order against Mr. Erickson. While I was waiting for my final paperwork at the Court which was in the late afternoon, I received a call from Betty Garrison the Treasurer. Betty reported to me that the Mayor had asked her to type of a letter hiring Mr. Erickson for the position of Building Official/Code Enforcement Officer for $30 an hour. She told the Mayor that she did not want to do that and asked him to see me because that was my responsibility as the Personnel Manager. I was quite shocked by this because I felt it was very inappropriate to reward a citizen for harassing me by attempting to hire him for a position which was currently held by another Union employee, Roger Smith. It also showed me that the Mayor had no respect for me as a woman and a city official. I also believed that this action totally proved my belief that he had been disingenuous when he told me the previous day that he would go talk to Mr. Erickson on my behalf to help me.
The Mayor has the legal responsibility under Pacific Municipal Code Chapter 2.88, Equal Employment Opportunity to oversee this law which is required by local, state and federal laws. (See attached Exhibit A). It has also been reported to me that the Mayor has made been making statements to others that, “I was the aggressor”, in the incident with Mr. Erickson.
As the City Clerk, Personnel Manager for the City I am putting the City on notice that I have been discriminated against as a female employee, based on both my gender and my age. I believe that I have not been granted the equal treatment under the law that I entitled to and that the Mayor is required to enforce. I believe the Mayor has violated all of the following;
Federal Equal Employment Opportunity statutes.
Pacific Municipal Code- 2.88. 2.88.010, 2.88.020, 2.88.030, 2.88.040 and 2.88.050.
Specifically:
2.88.010-The city will not tolerate racial, ethnic, religious or sexual slurs or comments, or any form of sexual harassment, by or about any officer, employee, applicant or the public. By Ordinance 1153.
2.88.020
The Mayor shall oversee the City’s equal employment opportunity and nondiscrimination policy.
I am asking the City of Pacific to take the appropriate steps to discipline and cite the Mayor for his disregard of these laws. I am also asking that his actions and lack of actions be reported to the appropriate regulatory agency or commission which deals with the federal and state laws in regard to these statutes. I have called Councilmember Steiger and have asked him to contact the Council President, Leanne Guier for me as I would like the City Council to add this to the agenda for our meeting on Monday the 11th. I will be emailing my correspondence to the City Attorney and to Canfield and Associates as well.
Sincerely,
Jane A. Montgomery
City Clerk, Personnel Manager
To: City Council Members.
Re: Pacific Municipal Code 2.88- Equal Employment Opportunity
On June 4th, 2012 I informed Mayor Cy Sun That Howard Erickson confronted Becky Cromwell a member of Local Union 117, in the hallway of City Hall. He was accompanied by Leanna Mason who was the person that Mayor Sun had brought before the City Council on April 29, 2012 for confirmation to the position of Community Services Director. The City Council did not confirm her appointment. Mr. Erickson singled Becky out and used a common demeaning term used only with women to refer to me. He stated, “I’m going to get that Bitch fired, she was supposed to be out on medical leave and she was really in Connecticut selling her house.” Ms. Cromwell stated to me that he was angry, and hostile and she found his remarks to be shocking and inappropriate.
This is not the first time the Mr. Erickson has been in my workplace making inappropriate comments about me. The last time he was in an employee only area demanding to see my job description and questioning my authority to do my job as the Personnel Manager. This was reported to me by the former Finance Director, Maria Pierce. Mr. Erickson was angry because I had followed the City Policy and Procedure that in regard to the hiring of a Community Services Director and the candidate that he told the Mayor to hire, Fran Neumiller had not been selected for the interview process.
Maria Pierce came and told me and I went to speak to Mr. Erickson to find out what the problem was. We had a long discussion. I explained that I had followed the Policy of the City and that Ms. Neumiller was not qualified for the position and that therefore she had not been granted an interview. Mr. Erickson appeared to be satisfied.
In this case, I decided to bring a person with me to speak to Mr. Erickson. I asked Sheryl Finwall to accompany me because I knew that she was well liked by Mr. Erickson and I felt I needed a witness and a person who could potentially arbitrate for me. We found Mr. Erickson in Joanne Futch’s office. I asked him if we could talk about what was said to Becky Cromwell and he verbally exploded and moved toward me and with a red face and a loud voice stated, “You are a fucking bitch, a traitor”. He continued making statements that I was disloyal to the Mayor and that I was “working with John Calkins and Councilmember Jones”. I attempted to talk to him but it was impossible. He approached me a second time and got very close to my face. He looked at me with bulged eyes and took a threatening stance towards me stating “You are a bitch”. I told him that a true man would not act like this, (use male aggression, stance, stature, derogatory gender based language), but would sit down and talk with me to resolve this issue. He refused and walked off. All of this was done in the presence of Joanne Futch, Sheryl Finwall, and Dale a young man with a disability who was looking on. There were also about 8 young men playing basketball, but I do not know if they overheard his statements to me.
After Mr. Erickson left, I was in shock. Joanne and Sheryl both apologized to me and stated that they too were shocked and they both stated that his behavior was out of line and uncalled for. I was very upset by his behavior.
I left and went to my office and immediately called the City Attorney, Ken Luce and reported the conduct. The City Attorney advised me to report this to the Mayor. I also called Sgt. Jim Pickett (acting Police Chief to report the incident). Sgt. Picket accompanied me to speak to the Mayor.
Sgt. Pickett told the Mayor that he had enough cause to arrest Mr. Erickson. I then told the Mayor what had happened. The Mayor stated to Sgt. Pickett that I had come to him before about Mr. Erickson’s behavior and that he had not done anything about it. He stated that he had been wrong to not help me then. He asked me if I would give him the chance to go speak to Mr. Erickson to help me and I agreed that I would but that I wanted to continue to make my report to the Police Department. The Mayor said that he would report back. The Mayor left immediately.
I did not see the Mayor again until the Council meeting that night and he made no attempt to speak to me about his conversation with Mr. Erickson. Mr. Erickson came to the Council Workshop and the Mayor acted in a cordial friendly manner to him and Mr. Erickson did not apologize to me. The Mayor had ample opportunity to speak to me after the meeting and he did not do so.
The next morning on the 5th, The Mayor was in City hall but made no attempt to speak to me. At this point I decided that again, the Mayor had ignored my request for help. I went to the King County District Court and obtained a temporary anti-harassment order against Mr. Erickson. While I was waiting for my final paperwork at the Court which was in the late afternoon, I received a call from Betty Garrison the Treasurer. Betty reported to me that the Mayor had asked her to type of a letter hiring Mr. Erickson for the position of Building Official/Code Enforcement Officer for $30 an hour. She told the Mayor that she did not want to do that and asked him to see me because that was my responsibility as the Personnel Manager. I was quite shocked by this because I felt it was very inappropriate to reward a citizen for harassing me by attempting to hire him for a position which was currently held by another Union employee, Roger Smith. It also showed me that the Mayor had no respect for me as a woman and a city official. I also believed that this action totally proved my belief that he had been disingenuous when he told me the previous day that he would go talk to Mr. Erickson on my behalf to help me.
The Mayor has the legal responsibility under Pacific Municipal Code Chapter 2.88, Equal Employment Opportunity to oversee this law which is required by local, state and federal laws. (See attached Exhibit A). It has also been reported to me that the Mayor has made been making statements to others that, “I was the aggressor”, in the incident with Mr. Erickson.
As the City Clerk, Personnel Manager for the City I am putting the City on notice that I have been discriminated against as a female employee, based on both my gender and my age. I believe that I have not been granted the equal treatment under the law that I entitled to and that the Mayor is required to enforce. I believe the Mayor has violated all of the following;
Federal Equal Employment Opportunity statutes.
Pacific Municipal Code- 2.88. 2.88.010, 2.88.020, 2.88.030, 2.88.040 and 2.88.050.
Specifically:
2.88.010-The city will not tolerate racial, ethnic, religious or sexual slurs or comments, or any form of sexual harassment, by or about any officer, employee, applicant or the public. By Ordinance 1153.
2.88.020
The Mayor shall oversee the City’s equal employment opportunity and nondiscrimination policy.
I am asking the City of Pacific to take the appropriate steps to discipline and cite the Mayor for his disregard of these laws. I am also asking that his actions and lack of actions be reported to the appropriate regulatory agency or commission which deals with the federal and state laws in regard to these statutes. I have called Councilmember Steiger and have asked him to contact the Council President, Leanne Guier for me as I would like the City Council to add this to the agenda for our meeting on Monday the 11th. I will be emailing my correspondence to the City Attorney and to Canfield and Associates as well.
Sincerely,
Jane A. Montgomery
City Clerk, Personnel Manager
Pacific City Clerk Speaks Out
June 8, 2012
To: City Council Members.
Re: Pacific Policy 200-004- Reporting Improper Governmental Action
RCW 34.05.010
RCW 34.12
RCW 43.09
Title 42 RCW
As the City’s Personnel Manager/City Clerk/Risk Manager, I am officially reporting “Improper Governmental action” by the Mayor, Cy Sun.
Please see attached (Exhibit A)
I am reporting the following:
1. Violations of Federal laws.
A. Failure to present required documentation of legal status qualification. City of Pacific Policy 200-002 and Immigration Reform and Control Act of 1986
Immigration and Naturalization Act of 1990
Title VII, Civil Rights Act of 1964 8 CFR Part 274A.
The Mayor was asked numerous times by me and the former Finance Director to provide the City with proper I-9 documentation which is required by the Federal Government. The Mayor to date, has not provided the proper documentation to the City. After being asked for this documentation he treated both the former Finance Director and me in a retaliatory manner. He did the following to me:
• Did not allow me to perform my duties as the Personnel Manager.
• Gave my duties to non management personnel, individuals not legally employed by the City and to himself.
• Restricted both my schedule and my hours of work.
• Changed a previously granted schedule which was based on my religious belief and no longer granted me that schedule.
• Interrogated me in a hostile, threatening manner stating that I had revealed “his story” to the Department of immigration.
• Accused me of being his enemy.
2. Violating State and Local laws and City Codes.
A. The Mayor has signed off on permit applications acting in the capacity of both the City Planner and the City Building Official.
B. The Mayor has a non-employed unauthorized, uncertified citizen, Howard Erickson, signing off and approving multiple building permits, gas test, and final inspections.
C. The Mayor has removed City documents and records and granted access to those records to unauthorized persons.
D. The Mayor has destroyed City Records
E. The Mayor has attempted to Alter historical factual Public Works documents within files.
F. The Mayor has interfered with on going City Litigation regarding the Hansen Property and further attempted to coerce Kelly Tally to falsely accuse Roger Smith of being responsible for wetlands being filled in by Mr. Hansen. He did this so he could manufacture cause to fire Mr. Tally.
3. Abuse of Authority
A. Intentional disregard of legislative action by the City Council in regard to the non confirmation of Leanna Mason for the position of Community Services Director.
B. Refusal to follow the City Policy and Procedure in regard to Hiring Practices and Procedures.
C. Unlawfully placed an unqualified, unconfirmed person in the position of Public Works/Community Development Director and as such violated City Policy and Procedure with willful intent to subvert the rights of the Legislative body of the City.
D. Violated Union Agreements by offering Union employees a bribe of financial gain in a closed secret meeting. The Employees were told that if any one person in the room spoke about this that no one would receive monetary gain.
E. Attempted to coerce an on loan Pierce County employee to conspire with him to falsify and create records with the intent to frame a union employee whom the Mayor wants to be terminated.
F. Lied to the Council and the Public about the requirements of the CERB board and as such risked the loss of the Valentine Avenue Project. The Mayors actions would have caused loss of the Project and loss of approximately $800,000 for repayment of a grant and further cost likely from a lawsuit from the City Of Sumner. The City Council was forced to take action to save the project but to date they and the City Attorney have been slandered by the Mayor.
G. Refused to follow the Advice from the City Attorney and the Cities Insurance Company in regard to the Public Safety Director whom the Mayor had out on Administrative leave.
4. Gross Waste of Public Funds.
A. Refused to fill the Public Works/Community Development and City Engineer positions which have created a cost overrun on the Stewart Road project of $62,000 as a result of no staff. Likely there will be more cost overruns as the City has had to use the services of costly Engineering Firms. (to be determined when the budget is in)
5. Creating a Hostile Work Environment
A. The Mayor has created a climate of fear and intimidation to any City employee who does not comply with his mandates even if there actions would be in violation of the law.
B. Threatening employees if they talk to City Council members. Gave specific orders for no employee to report anything to the City Council.
C. Using City employees to harass other employees who he felt were not loyal to him.
6. Violating Union Contract
A. Offering Union Employees raises without the consent and not in the presence of the Union Representative even after he had been informed that this is an unfair labor practice.
B. Placing unauthorized persons in position to do Union work without authorization of the Union.
C. Pressuring City Employees to work on political activities and tasks that are outside of the scope of their job descriptions and then using City funds to pay them to do so.
This is my official notification of “Improper Governmental actions taken by Mayor Cy Sun. I am herby putting the City of Pacific on notice of these violations and am invoking my rights to be protected against any retaliatory actions by the Mayor for reporting these actions. I am also asking that this correspondence be added to the agenda for our meeting on Monday the 11th. I will be emailing my correspondence to the City Attorney and to Canfield and Associates as well.
Sincerely,
Jane Montgomery
City Clerk/Personnel Manager
To: City Council Members.
Re: Pacific Policy 200-004- Reporting Improper Governmental Action
RCW 34.05.010
RCW 34.12
RCW 43.09
Title 42 RCW
As the City’s Personnel Manager/City Clerk/Risk Manager, I am officially reporting “Improper Governmental action” by the Mayor, Cy Sun.
Please see attached (Exhibit A)
I am reporting the following:
1. Violations of Federal laws.
A. Failure to present required documentation of legal status qualification. City of Pacific Policy 200-002 and Immigration Reform and Control Act of 1986
Immigration and Naturalization Act of 1990
Title VII, Civil Rights Act of 1964 8 CFR Part 274A.
The Mayor was asked numerous times by me and the former Finance Director to provide the City with proper I-9 documentation which is required by the Federal Government. The Mayor to date, has not provided the proper documentation to the City. After being asked for this documentation he treated both the former Finance Director and me in a retaliatory manner. He did the following to me:
• Did not allow me to perform my duties as the Personnel Manager.
• Gave my duties to non management personnel, individuals not legally employed by the City and to himself.
• Restricted both my schedule and my hours of work.
• Changed a previously granted schedule which was based on my religious belief and no longer granted me that schedule.
• Interrogated me in a hostile, threatening manner stating that I had revealed “his story” to the Department of immigration.
• Accused me of being his enemy.
2. Violating State and Local laws and City Codes.
A. The Mayor has signed off on permit applications acting in the capacity of both the City Planner and the City Building Official.
B. The Mayor has a non-employed unauthorized, uncertified citizen, Howard Erickson, signing off and approving multiple building permits, gas test, and final inspections.
C. The Mayor has removed City documents and records and granted access to those records to unauthorized persons.
D. The Mayor has destroyed City Records
E. The Mayor has attempted to Alter historical factual Public Works documents within files.
F. The Mayor has interfered with on going City Litigation regarding the Hansen Property and further attempted to coerce Kelly Tally to falsely accuse Roger Smith of being responsible for wetlands being filled in by Mr. Hansen. He did this so he could manufacture cause to fire Mr. Tally.
3. Abuse of Authority
A. Intentional disregard of legislative action by the City Council in regard to the non confirmation of Leanna Mason for the position of Community Services Director.
B. Refusal to follow the City Policy and Procedure in regard to Hiring Practices and Procedures.
C. Unlawfully placed an unqualified, unconfirmed person in the position of Public Works/Community Development Director and as such violated City Policy and Procedure with willful intent to subvert the rights of the Legislative body of the City.
D. Violated Union Agreements by offering Union employees a bribe of financial gain in a closed secret meeting. The Employees were told that if any one person in the room spoke about this that no one would receive monetary gain.
E. Attempted to coerce an on loan Pierce County employee to conspire with him to falsify and create records with the intent to frame a union employee whom the Mayor wants to be terminated.
F. Lied to the Council and the Public about the requirements of the CERB board and as such risked the loss of the Valentine Avenue Project. The Mayors actions would have caused loss of the Project and loss of approximately $800,000 for repayment of a grant and further cost likely from a lawsuit from the City Of Sumner. The City Council was forced to take action to save the project but to date they and the City Attorney have been slandered by the Mayor.
G. Refused to follow the Advice from the City Attorney and the Cities Insurance Company in regard to the Public Safety Director whom the Mayor had out on Administrative leave.
4. Gross Waste of Public Funds.
A. Refused to fill the Public Works/Community Development and City Engineer positions which have created a cost overrun on the Stewart Road project of $62,000 as a result of no staff. Likely there will be more cost overruns as the City has had to use the services of costly Engineering Firms. (to be determined when the budget is in)
5. Creating a Hostile Work Environment
A. The Mayor has created a climate of fear and intimidation to any City employee who does not comply with his mandates even if there actions would be in violation of the law.
B. Threatening employees if they talk to City Council members. Gave specific orders for no employee to report anything to the City Council.
C. Using City employees to harass other employees who he felt were not loyal to him.
6. Violating Union Contract
A. Offering Union Employees raises without the consent and not in the presence of the Union Representative even after he had been informed that this is an unfair labor practice.
B. Placing unauthorized persons in position to do Union work without authorization of the Union.
C. Pressuring City Employees to work on political activities and tasks that are outside of the scope of their job descriptions and then using City funds to pay them to do so.
This is my official notification of “Improper Governmental actions taken by Mayor Cy Sun. I am herby putting the City of Pacific on notice of these violations and am invoking my rights to be protected against any retaliatory actions by the Mayor for reporting these actions. I am also asking that this correspondence be added to the agenda for our meeting on Monday the 11th. I will be emailing my correspondence to the City Attorney and to Canfield and Associates as well.
Sincerely,
Jane Montgomery
City Clerk/Personnel Manager
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